Brief ⁽¹⁾

SB 433 concerns suspension and expulsion of students from school and provides that:

• The maximum duration of a short-term suspension is increased from 5 school days to 10 school days. (Under current law, the maximum duration of a short-term suspension is 5 school days, except in instances involving weapons, drugs, or dangerous behavior, where a maximum duration 10 school day short-term suspension applies. The amendment makes the 10 school days short-term suspension provision uniformly applicable.)



• The words "in possession of" replace "carries" in the language under current law which concerns 10-day short-term suspensions from school. (This change is intended to prevent a situation which might occur in which a person carrying a weapon is suspended for ten days while a student who is handed off a weapon would be suspended for five days. However, SB 433, as amended by the Senate Committee of the Whole, makes uniform the maximum duration 10 school day short-term suspension, thus resolving the issue to which this change is addressed.)



• The formal suspension or expulsion hearing may be conducted by any person or committee of persons authorized to do so by the board. (Current law requires that the hearing be conducted by a certified employee or committee of certified employees.)



• Only a pupil may appeal an extended term suspension or expulsion when the pupil is 18 years old or older and only a pupil's parent (or guardian) may appeal such a suspension or expulsion if the pupil is under age 18. (Under current law, either the pupil or the parent can appeal an extended term suspension or expulsion, regardless of the age of the pupil involved.)

Background

SB 433, as introduced, was sponsored by Senator Vratil.

The Senate Committee on Education amendments added the language concerning who may initiate a suspension or expulsion appeal and when an appeal hearing would not be held. These provisions were taken from SB 519, introduced by Senator Brownlee.

The Kansas Association of School Boards presented testimony in support of both SB 433 and SB 519. A representative of the Olathe school district testified in support of the concepts in SB 519.

Senate Committee of the Whole amendments:

• Establish the maximum duration 10 school day short-term suspension as uniformly applicable to all types of short-term suspensions.



• Delete the proposed change that would eliminate the hearing of the appeal for an extended term suspension or expulsion when the term of the suspension is completed prior to execution of the procedures that result in the actual hearing.

The fiscal note indicates that the bill would have no effect on state revenues or expenditures. Senate Education Committee and Senate Committee of the Whole amendments would not change this analysis.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html